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ENVIRONMENTAL PROTECTION ACT 1986 - SECT 133M

133M .         Referred proposals

        (1)         In subsection (2) —

        referral means referral to the Authority under section 38.

        (2)         Each of the following is taken to be a referral of a significant amendment of an approved proposal —

            (a)         the referral by the proponent, before the coming into operation of section 28 of the amending Act (the commencement ), of a revised proposal after the publication of a statement under section 45(5) of this Act as in force before the commencement in relation to a proposal;

            (b)         the referral, before the coming into operation of section 31 of the amending Act (the commencement ), of a new proposal as required by section 46B(2) of this Act as in force before the commencement;

            (c)         the referral by the proponent, after the coming into operation of section 28 of the amending Act, of a revised proposal in respect of a proposed change if, when it is dealt with in accordance with subsection (6), the proposed change is not approved.

        (3)         In subsection (4) —

        commencement means the coming into operation of section 26 of the amending Act;

        proposed change means a change to a proposal to which section 43A of this Act as in force before the commencement applied.

        (4)         If at the commencement the Authority has yet to determine whether to consent to a proposed change, the proposed change is taken to have been requested under section 43A(1)(b).

        (5)         In subsection (6) —

        commencement means the coming into operation of section 28 of the amending Act;

        proposed change means a change to a proposal to which section 45C of this Act as in force before the commencement applied.

        (6)         If at the commencement the Minister has yet to determine whether to approve of a proposed change, the proposed change must be dealt with as if section 45C of this Act as in force before commencement had not been repealed.

        (7)         In subsection (8) —

        commencement means the coming into operation of section 16 of the amending Act;

        section 39 means section 39 of this Act as in force before the commencement.

        (8)         If a request made under section 39(2) has not been dealt with before the commencement, the request must be dealt with as if section 39(3) and (4) had not been repealed.

        [Section 133M inserted: No. 40 of 2020 s. 101.]



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